A Tennessee Subpoena to Appear and Testify at a Hearing or Trial in a Bankruptcy Case (or Adversary Proceeding) is a formal court order that requires a witness to appear in court at a certain time and place to provide testimony or evidence in a bankruptcy case. The Subpoena is issued by the Bankruptcy Court Clerk or the U.S. Trustee. There are two types of Tennessee Subpoenas: 1. Subpoena to Appear and Testify at a Hearing or Trial: This type of Subpoena requires the witness to appear in court at a certain time and place to provide testimony or evidence in the Bankruptcy Case. 2. Subpoena to Produce Documents or Other Objects: This type of Subpoena requires the witness to produce certain documents or other objects as requested by the Bankruptcy Court in the Bankruptcy Case. The Tennessee Subpoena must be served in accordance with the Federal Rules of Bankruptcy Procedure and Tennessee Rules of Civil Procedure. It must include the name and address of the witness, the hearing or trial date, the time and location of the court proceeding, and a copy of the Order of the Bankruptcy Court authorizing issuance of the Subpoena. The witness must appear and testify at the hearing or trial unless the Subpoena is quashed or modified by the Bankruptcy Court.
Tennessee SUBPOENA TO APPEAR AND TESTIFY AT A HEARING OR TRIAL IN A BANKRUPTCY CASE (OR ADVERSARY PROCEEDING)
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FAQ
Rule 2004 of the Federal Rules of Bankruptcy Procedure allows any "interested person" to require someone else to testify and produce documents on matters related to your bankruptcy. The 2004 Exam can cover a broad range of issues, including: your actions, conduct or property. your debts and financial condition.
A creditor may ask for a deposition. You will get a Notice of Deposition that tells you when and where to go to answer questions about the case. You must attend the deposition. If you do not attend, the creditor may be able to get a default judgment against you.
If you've received a notice for a Deposition in Aid of Execution, its not good, that's for sure?. What this Notice means is that the judgment creditor is looking to get paid on a judgment that was entered against you. This is NOT a new lawsuit, but rather, the continuation of an old one.
A deposition is an out-of-court statement given under oath by any person involved in the case. It is to be used at trial or in preparation for trial. It may be in the form of a written transcript, a videotape, or both.
JF: A deposition is an opportunity for parties in a civil lawsuit to obtain testimony from a witness under oath prior to trial. It's part of the discovery process by which parties gather facts and information so they can be better prepared at trial to present their claims and defenses.
An adversary proceeding in bankruptcy is a separate lawsuit filed within the bankruptcy case. Like most lawsuits, it starts when someone (the creditor, the bankruptcy trustee, or you) files a complaint. Many bankruptcies go through to completion and discharge without any adversary proceedings.